CRM-M No.30982 of 2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 240 CRM-M No.30982 of 2026 Date of decision: 28.07.2026 Dilbagh Singh ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Sultan Singh Gill, Advocate, for the petitioner. Mr. Roshandeep Singh, AAG, Punjab, for the respondent-State. Ms. Himani Kapila, Advocate, for the complainant. ---- MANISHA BATRA, J. (Oral) 1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking grant of regular bail to the petitioner in case arising out of FIR No.244 dated 24.12.2025 registered under Sections 333, 115(2), 118(1), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) (Section 109 of BNS added later on) at Police Station City Batala, MANJU 2026.07.28 18:23 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.30982 of 2026 -2- District Gurdaspur. 2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR has been registered on the statement of complainant Mariam Gill alleging therein that son of the complainant had performed love marriage with the sister of the present petitioner. It is alleged that on 23.12.2025, the petitioner along with his father, mother and brother forcibly entered into the house of the complainant armed with deadly weapons and assaulted husband of the complainant, namely Kalab Gill. After registration of FIR, investigation proceedings were initiated. The petitioner was arrested on 10.02.2026. He got recovered the datar used by him in the crime. Investigation is going on. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody since 10.02.2026. The FIR of this case is infact a counterblast to the FIR lodged by his sister Monika who was married with the son of the complainant and was thrown out of her matrimonial house. The investigation and trial will take considerable time to conclude. No useful purpose would be served by his further incarceration. With these broad submissions, it is urged that he deserves to be extended benefit of bail. 4. Per contra, learned State counsel assisted by learned counsel for the complainant has argued that taking into consideration the gravity MANJU 2026.07.28 18:23 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.30982 of 2026 -3- of the allegations as levelled against the petitioner, he does not deserve to be extended benefit of bail. 5. This Court has considered the rival submissions. 6. The petitioner is alleged to have actively participated in the occurrence by entering into the house of the complainant with a sharp edged weapon and inflicted blows on the head of the injured with a datar. Injured Kalab Gill had sustained as many as seven injuries four of which have been collectively declared to be dangerous to life being on vital part of the body. The allegations make out a prima facie case for commission of subject offences as against the petitioner. However, he has been in continued incarceration since 10.02.2026. The investigation and trial will take considerable time to conclude as even challan report has not been filed in this case. The petitioner is not required for further investigation. No fruitful purpose would be served by detaining him in custody any more. The well settled proposition of law is that pre trial incarceration of an accused should not be a replica of post conviction sentencing. The detention prior to trial should not become punitive. Taking into consideration the above discussed facts, the petition is allowed and the petitioner is ordered to be admitted to bail subject to his furnishing personal as well as surety bonds to the satisfaction of learned trial Court/CJM/Duty Magistrate concerned and also subject to the following conditions:- MANJU 2026.07.28 18:23 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.30982 of 2026 -4- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any Police Officer. (ii) He shall appear before the trial Court on each and every date fixed, unless is exempted by specific order of the Court. (iii) He shall provide his permanent address as well as present address before the learned trial Court at the time of furnishing of bonds and shall not change the same without informing the trial Court. (iv) He shall also give copy of his Aadhar Card, PAN Card if any and details of his mobile phone number(s) to the learned trial Court at the time of furnishing of bonds and in case, any change in his mobile phone number takes place, then he shall inform about the same to the learned trial Court in advance and shall keep his mobile phone switch on all times. 7. In the eventuality of breach of any of the aforementioned conditions, the respondent-State shall be at liberty to move an application seeking cancellation of the bail. MANJU 2026.07.28 18:23 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.30982 of 2026 -5- 8. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. (MANISHA BATRA) 28.07.2026 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2026.07.28 18:23 I attest to the accuracy and authenticity of this order /judgment Chandigarh